ELR Citation: ELR 20260
No(s). CIV-82-1076T (W.D.N.Y. Mar 1, 1984)

The court rules that to have standing under the §505 citizen suit provision of the Federal Water Pollution Control Act, a plaintiff must demonstrate a more specific injury-in-fact than mere concern about pollution or residence near a polluter. The court first rules that Congress did not eliminate the injury-in-fact requirement for §505 suits. The court then holds that plaintiff has failed to present factual support for any specific injury alleged in the complaint and therefore dismisses the complaint.

[An earlier opinion in this case is published at 14 ELR 20183 — Ed.]

Counsel are listed at 14 ELR 20183.